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1. Habitat effectiveness for some wildlife species will be temporarily reduced by the construction and use <br />of a road and drill pads in the areas adjacent to the riparian area in Box Canyon.' The habitat effectiveness <br />remains within Forest Plan standards. <br />2. Consnvction of a road and drill pads will remove vegetation from approximately 1.1 acres of land at <br />Drill pad 19-05/06. <br />3. Potential for slowed Honing and production from panels 19, 20 and 21 can have translated effects to <br />mine efficiency and economics. IC is not expected that this decision will cause the West Elk Mine to close, <br />or have measurable effects to employment at [he mine or in the surrounding areas (EA Supplement, <br />Appendix C). Based on mine plan budget and projections, this decision would affect [he rate at which <br />portions of the forecasted mining of panels 19, 20 and 21 would occur. This would limit mining progress <br />in these panels for a duration of about 15 months over a 2-year period. These effects would cease after <br />about 2 years. <br />This decision supports the continued operation at the West Elk mine by allowing drilling to facilitate methane <br />drainage where it is appropriate with respect to surface resources. <br />C. Box Canyon Shallow Seismic Reflection Survey <br />Decision <br />I have decided to approve the Box Canyon Shallow Seismic Reflection Survey. My decision approves use of the <br />reclaimed drill road and foot route in Box Canyon for the seismic survey and vehicle access as described below. I <br />am approving this survey to be done via full sized vehicles [o the location of MDW 19-05/06 (assuming the road <br />would be constmcted at the time of the survey). Only ATV access will be allowed on the existing foot route south <br />of the MDW 19-05/06 pad location. Please refer to Map 1. <br />This decision restricts the approved activities to the "existing footprint" of prior disturbance and the alignment of the <br />foot route in Box Canyon. This decision is further contingent upon continued compliance by MCC with the <br />stipulations attached to the federal coal leases (included in the EA Supplement as Appendix A), the Seismic <br />Conditions of Approval included in this document as Appendix C, and operational considerations detailed on the <br />Forest Service geophysical prospecting permit. The Seismic Conditions of Approval include selected mitigations <br />identified in the EA Supplement, as modified by the Forest Service Interdisciplinary Team after review of public <br />comments. <br />The activities authorized in this decision can be implemented through issuance of this Decision Notice, and the <br />Forest Service's subsequent concurrence on adding these activities into MCC's Colorado State approved mine <br />permit (if deemed necessary), and execution of a Forest Service geophysical exploration permit. MCC is required to <br />secure any additional State or Federal permits as required by law. <br />Reasons for Decision <br />This seismic survey activity is appropriate to gain geologic information related to coal resources MCC holds under <br />lease. The EA Supplement did not identify any long-term consequences, or effects that could no[ be mitigated and <br />the area restored in a short period of time. This decision did not require exceptions to lease stipulations, as only very <br />minor surface disturbance (.008 acres) would occur. <br />I recognize the concern expressed about effects to management indicator species, and how [he Forest Services <br />monitors and manages their habitat. My decision will not affect Forest-wide populations, trends or habitats of any <br />MIS species (EA Supplement, Appendix C - Response to Comments). With respect to the Box Canyon Seismic <br />Survey, my decision supports the overall purpose and need, and the need [o obtain geologic data for mine planning <br />purposes. My decision also supports MCC's right to conduct mineral exploration on their federal coal lease. <br />Page 9 <br />